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On The Inheritance Of Virtual Property

Posted on:2016-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:T H JiangFull Text:PDF
GTID:2296330479494504Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The rapid rise of the Internet economy is an important manifestation of the overall economic development of contemporary China,virtual property as a network of economic development to a certain stage of the product,in today’s social and economic spheres of life plays an increasingly important role.As the law of the lag,to "the law of succession" as the representative of the relevant legal norms far unable to meet the social needs of virtual property adjustment.What legitimacy virtual inheritance?Why Compare with the traditional inheritance of property so special?First of all,To establish the legitimacy of virtual inheritance.Virtual inheritance legitimacy mainly refers to two aspects of theoretical and practical value of its existence.In the theoretical foundations,the right to property and the property of virtual property is a key to clarify the subsequent inheritance relationship.Moreover,judicial practice conditions and practical needs of both illustrate the social significance of virtual inheritance.Secondly,unlike traditional virtual property inheritance and property is the author of the significance of the topic of the article is the starting point for the structure of logical argument.The concept of virtual property has broad and narrow sense;Dependence、Scarcity、Transferability and Value Volatility are the main features of virtual property.Inheritance subject confirmation difficulty、the Object Inheritance、inherit settings and measure the value of the property,there are obvious differences between virtual and traditional property inheritance and property.Finally,insufficient virtual inheritance dilemma mainly in the legal basis and the level of the real level of network user agreement inherited exclusion.The reason lies in the above dilemma virtual property ownership is unknown、difficult to assess the value of the property and innheritance complicated procedures.I choose to break this dilemma from legal channels,on the one hand,select considerations,including subject、object、value measure and allocate the burden of proof.On the other hand,in view of the practice of our country,I believe that the legislation should include this steps:Published case guidance Introduction of judicial interpretation、Amend the law of succession.
Keywords/Search Tags:Virtual property, Inheritance, Property attributes
PDF Full Text Request
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